What Is a Massachusetts Subpoena Ad Testificandum?
A Subpoena Ad Testificandum is a formal legal order that requires a person to appear and give oral testimony at a specific time and place. In Massachusetts, this type of subpoena may be issued for:
Its sole purpose is compelling live testimony—it does not require the witness to bring documents or records. (That type is a Subpoena Duces Tecum.)
A Subpoena Ad Testificandum is a formal legal order that requires a person to appear and give oral testimony at a specific time and place. In Massachusetts, this type of subpoena may be issued for:
- Court hearings
- Civil or criminal trials
- Depositions
- Administrative agency proceedings
- Arbitrations or quasi‑judicial hearings
Its sole purpose is compelling live testimony—it does not require the witness to bring documents or records. (That type is a Subpoena Duces Tecum.)
Authority to Issue a Subpoena Ad Testificandum in Massachusetts
Under M.G.L. c. 233 § 1 and Mass.R.Civ.P. 45, a Massachusetts Notary Public has statutory authority to issue a Subpoena Ad Testificandum for:
- Civil cases
- Criminal matters
- Administrative and agency hearings
- Depositions
- Out‑of‑state cases requiring a Massachusetts witness
This makes Massachusetts one of the few states where a notary public may lawfully issue subpoenas.
What a Subpoena Ad Testificandum Requires
A valid Massachusetts Subpoena Ad Testificandum will:
- Identify the witness being compelled
- Specify the date, time, and location of testimony
- State the authority under which it is issued
- Include the issuer’s signature and title
- Provide instructions for service and witness fees (when applicable)
Once served, the witness is legally obligated to appear and testify truthfully.
When This Subpoena Is Used
A Subpoena Ad Testificandum is commonly used when:
- A witness refuses to appear voluntarily
- A deposition requires sworn oral testimony
- A party needs testimony from a Massachusetts resident for an out‑of‑state case
- An agency hearing requires a witness under statutory authority
- A court or attorney needs to ensure a witness’s presence
Consequences of Ignoring a Subpoena
Failure to comply with a properly issued and served Subpoena Ad Testificandum may result in:
- Court sanctions
- Contempt proceedings
- Fines or other penalties
Because it is a court‑enforceable order, witnesses must take it seriously.
Our Role in the Process
IPS Court Services provides:
- Drafting of the Subpoena Ad Testificandum
- Issuing the subpoena in accordance with court rules and state law
- Coordinating service through one of our process servers
- Court‑ready documentation of service and compliance
- Support for attorneys, agencies, and pro se litigants
We ensure your subpoena is legally compliant, properly issued, and ready for prompt service anywhere in Massachusetts.
NOTICE: Not all Notaries Public should provide subpoena services. In accordance with M.G.L. c. 222, § 17(d):
“A notary public who is not an attorney shall not engage in the practice of law. This subsection shall not preclude a notary public who is duly qualified, trained or experienced in a particular industry or professional field from selecting, drafting or completing a certificate or other document related to a matter within that industry or field.”
“A notary public who is not an attorney shall not engage in the practice of law. This subsection shall not preclude a notary public who is duly qualified, trained or experienced in a particular industry or professional field from selecting, drafting or completing a certificate or other document related to a matter within that industry or field.”
